(a) Applicability. This section implements Texas Occupations Code, Chapter 112. This section applies to a person who holds a midwife license issued by the department.     
      (b) Eligibility. To be eligible for a retired voluntary charity care status license, the person must:      
        (1) hold an active midwife license issued by the department;       
        (2) not have any pending or current disciplinary actions against the person or the person's license; and       
        (3) not be employed, under contract, or otherwise engaged in the practice of midwifery for compensation.       
      (c) Initial application. To apply for a retired voluntary charity care status license, the person must:      
        (1) submit a completed application on a department-approved form;       
        (2) certify in writing that the person is retired and will provide only voluntary charity care;       
        (3) submit any fee required under §115.80; and       
        (4) successfully pass a criminal history background check.       
      (d) Practice. A person holding a retired voluntary charity care status license:      
        (1) may not provide midwifery services for compensation; and       
        (2) is limited to providing only those services authorized under a midwife license.       
      (e) Disciplinary actions. A person holding a retired voluntary charity care status license is subject to disciplinary action for:      
        (1) a violation of the Act or the rules adopted under this chapter;       
        (2) obtaining, or attempting to obtain, retired voluntary charity care status by submitting false or misleading information to the department; or       
        (3) engaging in the practice of midwifery for compensation.       
      (f) License term. A retired voluntary charity care status license is valid for two years from the date of issuance and may be renewed biennially.     
      (g) Renewal.      
        (1) To renew a retired voluntary charity care status license, a licensee must:                  (A) submit a completed application on a department-approved form;                   (B) submit all the items required for renewal of a midwife license under §115.14, with the exception that only five hours of continuing education must be completed;                   (C) submit any fee required under §115.80; and                   (D) successfully pass a criminal history background check.         
        (2) A person whose retired voluntary charity care status license has expired may late renew the license in accordance with the department's procedural rules at 16 TAC §60.31 and §60.83.       
        (3) A person whose retired voluntary charity care status license has expired may not practice or engage in midwifery or perform voluntary charity care.       
      (h) Returning to active status.      
        (1) A person who holds a retired voluntary charity care status license and who wants to return to active status must:                  (A) submit a completed application on a department-approved form;                   (B) complete 10 hours of continuing education in the 12 months preceding the application;                   (C) submit the midwife license renewal application fee required under §115.80; and                   (D) successfully pass a criminal history background check.         
        (2) The application must be approved by the department before the person can return to active status and provide midwifery services for compensation.       
     Source Note:        The provisions of this §115.16 adopted to be effective September 1, 2023, 48 TexReg 4660